FEMA - Federal Emergency Management Agency

11/25/2024 | Press release | Distributed by Public on 11/25/2024 17:57

Assistance for Survivors of Gender-Based Violence

Release Date:
November 25, 2024

The FEMA Office of Civil Rights (FEMA OCR) provides this fact sheet to disaster responders including State, Local, Tribal, and Territorial (SLTT) entities and private sector partners to help survivors of gender-based violence (GBV) whose needs may extend beyond the hardships generally experienced during disasters.

GBV Survivors and Disaster Responders

FEMA, SLTT governments, and private sector partners responding during a disaster may engage with individuals who have experienced various forms of gender-based violence. This fact sheet can be used as a reference to inform disaster responders about GBV and how to provide referrals to other professionals who can help. Disaster responders who encounter survivors of GBV should get to a safe place, inform their supervisor, and communicate appropriate referral services.

This material is not a training guide on GBV so it is critical that disaster responders enroll in courses including those offered by the U.S. Department of Homeland Security (DHS), FEMA, or their employers, that will provide resources on how to identify victims of GBV and appropriate actions to take to support victims. Disaster responders should follow the actions outlined in trainings and inform their supervisor as required when assisting a GBV survivor.

Key Terms and Concepts

  • Gender-based violence (GBV) is any harmful threat or act directed at an individual or group based on actual or perceived biological sex, gender identity or expression, sexual orientation, or lack of adherence to varying socially constructed norms around masculinity and femininity, in both private and public realms of life. GBV can include, among other forms of violence, sexual, physical, psychological, and emotional abuse; sexual harassment; early/child marriage; forced marriage; domestic violence; female genital mutilation/cutting; and human trafficking.i
  • Domestic Violence (DV) is a pattern of abusive behavior in any relationship-including intimate partner, spousal, familial, or other domestic relationships-that is used by one person to gain or maintain power and control over another person in the relationship. Domestic violence can include physical, sexual, emotional, economic, psychological, or technology facilitated abuse, actions, or threats of actions that influence another person. Federal, state, and local criminal and civil laws may define domestic, intimate partner, or family violence differently; however, the overarching dynamic is one of power and control, and these forms of violence are pervasive in the United States.ii
  • Human Trafficking is a form of exploitation that generally involves the use of force, fraud, or coercion (such as violence, threats, intimidation, dishonesty, or isolation) to obtain labor or commercial sex, or to control and exploit victims. A commercial sex act is the exchange of anything of value (including housing, protection, food, and money) for sex. Traffickers might use violence, manipulation, fake or misleading job offers, or false promises of love or a better life to lure victims into trafficking. Traffickers often prey on individuals who are already vulnerable, including those who are unhoused or those who have suffered through emotional trauma, serious financial or food insecurities, immigration challenges, or disasters. Under federal law, if an individual under the age of 18 is induced to perform a commercial sex act, that inducement constitutes human trafficking, even if no force, fraud, or coercion was used.iii
  • Victim is an individual who has experienced violence, mistreatment, physical or emotional abuse or coercive control because of gender-based violence, including domestic violence, sexual violence or assault, stalking, human trafficking, or other forms of GBV, including witnessing such crimes committed against another person.
  • Survivor is a term which emphasizes an individual's strength to continue the journey toward healing after a traumatic GBV experience. The terms survivor and victim are often used interchangeably.
  • A Victim-Centered Approach (VCA) values the identification and empowerment of victims without judgment, including in the services provided to victims and during the investigation and prosecution of perpetrators who have violated the law. This approach is a human-centered framework that centers the expressed needs and individual agency of a victim or survivor. The VCA prioritizes culturally sensitive, trauma-informed actions that value access to services.

Identifying GBV Victims and Survivors

People of any age, socioeconomic status, culture, gender identity or expression, sexual orientation, or any other characteristic can experience or perpetrate GBV. Women of color, immigrant women (including those who are undocumented), low-income women, minors, individuals with disabilities, and LGBTQI+ individuals may be more vulnerable to GBV and may face barriers to getting help. Individuals in underserved communities are at greater risk of experiencing GBV. Disaster responders may not recognize GBV survivors by looking at them. GBV survivors often hide signs of injury or risk to protect themselves or their children and may not disclose out of fear of retaliation or shame. Consistent, trauma-informed, confidential processes coordinated with GBV organizations will help reduce barriers for victims to disclose. For many victims, disclosure is a process. Questions from responders that are simple, direct, confidential, non-judgmental, and respectful after trust has been established can be effective in helping a victim disclose.iv

While there is no single definitive set of indicators for GBV, there are, however, some behaviors and actions that may alert a responder to an individual experiencing GBV and trauma. These include appearing fearful or alert and on edge; appearing agitated or quick tempered; physical signs such as bruising or cuts to the body or face; attempts to hide physical signs such as wearing sunglasses, scarves, or long sleeves out of the norm or inappropriate to the weather; or presenting with low mood, hopelessness, or anxiety.

Providing Referrals

When engaging with GBV survivors, disaster responders should lead with a victim-centered approach which prioritizes confidentiality, safety, respect, and non-discrimination.v GBV survivors may hesitate to confide in disaster responders, so letting them know that any information they provide will generally remain confidential promotes safety, trust, and empowerment. However, disaster responders must also inform GBV survivors that there are exceptions to confidentiality such as cases where a child is being abused, ongoing threats of violence, or if the survivor poses a danger to themselves or others.vi Using a victim-centered approach by showing respect to survivors, listening carefully to their stories, and addressing their issues and concerns using trauma-informed best practices, can reduce their feelings of helplessness, improve trust, and decrease the chances of causing them more harm as they seek help. It is also important to consider the safety and security needs of each survivor and their family members. Finally, disaster responders must continue to engage everyone fairly without discrimination based on their race, color, religion, nationality, sex (including pregnancy, sexual orientation, gender identity, or transgender status), age, disability, English proficiency, or economic status.vii

In determining what services may be needed for a GBV survivor, disaster responders should remember that asking about GBV may be dangerous to the GBV survivor unless the physical space has individual privacy and confidentiality protections in place. Some situations that may pose risk of harm may include situations when the perpetrator is in the room, has access to the forms where GBV may be notated, or lives in the survivor's family unit and is present while the disaster responder is meeting with the survivor.

If a GBV survivor asks for help, disaster responders should take the following approach:

  • Ensure that the GBV survivor is in a safe area and can speak privately.
  • Ask how best to help the GBV survivor.
  • Listen without judgment.
  • Communicate appropriate referral services (see referral information later in this fact sheet).
  • Remind the GBV survivor that their information will be kept private and confidential to the extent permitted by law and regulation.
  • Compassionately end the conversation.
  • Refer the survivor to appropriate services.
  • Document the event and report it through appropriate channels to a supervisor as directed by policies and procedures.

Disaster responders may leave referral information in an area that they think the GBV survivor is likely to see it (e.g., a business card or a flyer on a community activity board or displayed in a public restroom).

Housing Referrals

In many instances, a GBV survivor's needs during a disaster include housing that is separate from the perpetrator. In addition, congregate shelters (that house both men and women) can be unsafe for some GBV survivors. FEMA works with National Voluntary Organizations Active in Disasters (National VOAD), SLTT governments, and other partners to ensure eligible disaster survivors have access to the full range of recovery services provided through the "whole of community approach" under the Stafford Act.

FEMA is committed to prioritizing casework and evaluation for direct housing eligibility for vulnerable populations. FEMA may provide financial assistance and direct services through the Individuals and Households Program (IHP) including temporary housing, home repair, and home replacement. FEMA may also provide assistance funds to cover personal property losses, moving and storage expenses, transportation, funeral, medical, dental, childcare, or serious needs directly resulting from a declared disaster.

In some cases involving GBV survivors, IHP allows FEMA to provide Rental Assistance and/or Lodging Expenses Reimbursement (LER) to members of a family or household who were separated during a disaster through no fault of their own. GBV survivors who separate from the household after the disaster (or who were trying to separate from the household before the disaster) may be eligible for Rental Assistance or LER if they meet all other IHP eligibility criteria. Some examples of documentation GBV survivors might provide regarding their household's status include, a Petition for Order of Protection, a Petition for Separation or Divorce or a Divorce Decree with documentation of GBV, Judicial/Administrative Finding of Child Abuse, an arrest record of the perpetrator or a police report on the perpetrator, medical records of the survivor, and/or a letter from clergy, a mental health professional, or an organization that assists GBV survivors.viii

Disaster responders can help GBV survivors by directing them to apply for IHP and other disaster assistance.

FEMA Assistance

  • FEMA Helpline: Disaster survivors may call FEMA toll-free at 800-621-3362 (TTY: 800-462-7585) to register for assistance or check their application status. Those who use a relay service such as a videophone, InnoCaption or CapTel should provide FEMA with their specific number assigned to that service.
  • Internet and FEMA App: Disaster survivors may apply for IHP Assistance or check their application status on-line at www.disasterassistance.gov. Disaster survivors may also access FEMA via smartphone by downloading the application from FEMA.gov or through their mobile provider's app store.

Resources for GBV Survivors

The following is a list of service providers that can help GBV victims and survivors. SLTTs may also have their own GBV hotlines and resources, which can help identify local resources.

Creating Partnerships

An important way to assist GBV survivors is by connecting to a network of partners who can provide additional assistance, including GBV service providers. A partner network can be built by reaching out to FEMA regional offices, Tribal Affairs points of contact, faith-based and community organizations, and other federal agencies.

Federal and Disaster Partners

FEMA Office of Civil Rights

If disaster responders require additional assistance, contact the FEMA Office of Civil Rights (FEMA OCR) at 833-285-7448 or at [email protected]ix or the DHS Office for Civil Rights and Civil Liberties (CRCL) at 202-401-1474 or at [email protected].

Footnotes

[i] See DHS Council for Combating Human Trafficking, Brochure: Gender-Based Violence (Dec. 1, 2022); DHS Directive No: 002-03, Revision No: 00, Preventing and Addressing Gender-Based Violence Through a Victim-Centered Approach (Nov. 1, 2023).

[ii] See Violence Against Women Act (VAWA), 34 U.S.C. § 12291 (a)(8). See also The White House, U.S. National Plan to End Gender-Based Violence: Strategies for Action (May 2023).

[iii] See 18 U.S.C § 1591. Section 1591 criminalizes sex trafficking of children or of anyone by force, fraud, or coercion, in or affecting interstate commerce or within the United States.

[iv] For example, "Men and boys are also victims of GBV, including sexual violence. Very little research has been done on GBV against males and virtually none in disaster settings. It requires additional attention and careful action, given the particular difficulties that men and boys face in admitting that they have been victims of GBV." International Federation of Red Cross and Red Crescent Societies, Unseen, Unheard: Gender-Based Violence in Disasters at 14 (2021).

[vi] See Privacy Act of 1974, 5 U.S.C. § 552a(b)(8).

[vii] Section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. § 5151, and Section 309 of the Stafford Act, 42 U.S.C. § 5152.

[vii] This is not an exhaustive list of the types of documentation that a victim of GBV could present when applying for Rental Assistance and/or Lodging Expenses Reimbursement and is provided for informational purposes.

[ix] Information in this document is meant solely for informational purposes and is not intended to be an endorsement of any non-federal entity by FEMA, DHS, or the U.S. Government. This document does not constitute final agency action, as it does not have an immediate and direct legal effect. It does not create any new rights or obligations, and it is not enforceable. Noncompliance with any voluntary standards (e.g., recommended practices) contained in this document will not result in any enforcement action. FEMA preserves its discretion to investigate and assess the facts of each case individually and apply the law to the facts. FEMA also preserves its discretion to determine appropriate remedies based on the specific facts and circumstances of each case.